By: Zaffirini S.B. No. 1912
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures in mental health cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 571.013, Health and Safety Code, is
  amended as follows:
         Section 571.013. METHOD OF GIVING NOTICE. Except as
  otherwise provided by this subtitle, notice required under this
  subtitle may be given by a constable or sheriff delivering a copy of
  the notice or document in person or in another manner directed by
  the court that is reasonably calculated to give actual notice.
         SECTION 2.Section 571.014, Health and Safety Code, is amended
  as follows:
         Sec. 571.014.  FILING REQUIREMENTS. (a) Each application,
  petition, certificate, or other paper permitted or required to be
  filed in a probate court or court having probate jurisdiction under
  this subtitle must be filed with the county clerk of the proper
  county.
         (b)  The county clerk shall file each paper after endorsing
  on it:
               (1)  the date on which the paper is filed;
               (2)  the docket number; and
               (3)  the clerk's official signature.
         (c)  A person may initially file a paper with the county
  clerk by the use of reproduced, photocopied, or electronically
  transmitted paper if the person files the original signed copies of
  the paper with the clerk not later than the 72nd hour after the hour
  on which the initial filing is made. If the 72-hour period ends on a
  Saturday, Sunday, or legal holiday, the filing period is extended
  until 4 p.m. on the first succeeding business day. If extremely
  hazardous weather conditions exist or a disaster occurs, the
  presiding judge or magistrate may by written order made each day
  extend the filing period until 4 p.m. on the first succeeding
  business day. The written order must declare that an emergency
  exists because of the weather or the occurrence of a disaster. If a
  person detained under this subtitle would otherwise be released
  because the original signed copy of a paper is not filed within the
  72-hour period but for the extension of the filing period under this
  section, the person may be detained until the expiration of the
  extended filing period. This subsection does not affect another
  provision of this subtitle requiring the release or discharge of a
  person. If the paper is filed by the use of reproduced,
  photocopied, or electronically transmitted paper, the person shall
  maintain the original paper and shall provide it to the parties or
  the court upon request.
         (d)     If the clerk does not receive the original signed copy
  of a paper within the period prescribed by this section, the judge
  may dismiss the proceeding on the court's own motion or on the
  motion of a party and, if the proceeding is dismissed, shall order
  the immediate release of a proposed patient who is not at liberty.
         SECTION 3.  Section 571.017, Health and Safety Code, is
  amended as follows:
               Section 571.017. COMPENSATION OF COURT-APPOINTED
  PERSONNEL. REPRESENTATION OF PROPOSED PATIENT. (a) The court
  shall order the payment of reasonable compensation to attorneys,
  physicians, language interpreters, sign interpreters, and
  associate judges appointed under this subtitle. The court shall
  appoint a private attorney or public defender to represent a
  proposed patient under any proceeding under this subtitle.
         (b)  The compensation shall be taxed as costs in the case. A
  court may with permission of the commissioners court create a
  mental health public defenders office. A mental health public
  defender of such office may be appointed by the court in lieu of a
  private attorney.
         SECTION 4.  A new Section 571.0175, Health and Safety Code,
  is added as follows:
               Section 571.0175. COMPENSATION OF COURT-APPOINTED
  PERSONNEL. (a) The court shall order the payment of reasonable
  compensation to attorneys, physicians, language interpreters, sign
  interpreters, and associate judges appointed under this subtitle.
         (b)  The compensation shall be taxed as costs in the case.
         SECTION 5.  Section 574.010, Health and Safety Code, is
  amended as follows:
         Section 574.010. INDEPENDENT PSYCHIATRIC EVALUATION AND
  EXPERT TESTIMONY. (a) The court may order an independent
  evaluation of the proposed patient by a psychiatrist chose by the
  proposed patient if the court determines that the evaluation will
  assist the finder of fact. The psychiatrist may testify on behalf of
  the proposed patient. (b) If the court determines that that the
  proposed patient is indigent, the court may authorize reimbursement
  to the attorney ad litem for court-approved expenses incurred in
  obtaining expert testimony and may order the proposed patient's
  county of residence to pay the expenses.
         SECTION 6.  This Act takes effect September 1, 2017.